O. Reg. 164/14: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r14164
Published: 2014-08-15

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ontario regulation 164/14

made under the

Ontario Works Act, 1997

Made: August 13, 2014
Filed: August 15, 2014
Published on e-Laws: August 15, 2014
Printed in The Ontario Gazette: August 30, 2014


Amending O. Reg. 134/98

(GENERAL)

1. (1) The Table to paragraph 1 of subsection 41 (1) of Ontario Regulation 134/98 is revoked and the following substituted:

TABLE

 


Number of Dependants other than a Spouse


Dependants 18 Years or Older


Dependants 0-17 Years


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


0


0


280


463




1


0


1


339


463




1


1


0


582


609




2


0


2


339


463




2


1


1


582


609




2


2


0


728


771




3


0


3


339


463




3


1


2


582


609




3


2


1


728


771




3


3


0


891


934




For each additional dependant, add $163 if the dependant is 18 years of age or older or $0 if the dependant is 0 to 17 years of age.

(2) The Table to paragraph 2 of subsection 41 (1) of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants other than a Spouse


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


210


313




1


338


384




2


406


456




For each additional dependant, add $72.

(3) Paragraph 5 of subsection 41 (1) of the Regulation is amended by striking out “$39” and substituting “$40”.

2. The Table to paragraph 2 of subsection 42 (2) of the Regulation is revoked and the following substituted:

TABLe

 


Benefit Unit Size


Maximum Monthly Shelter Allowance
Amount in dollars




1


376




2


602




3


655




4


710




5


766




6 or more


793




3. Subsection 43 (1) of the Regulation is amended by striking out “$136” and substituting “$138”.

4. (1) The Table to paragraph 1 of subsection 44 (1) of the Regulation is revoked and the following substituted:

TABLE

 


Dependants other than a Spouse


Dependants 18 Years or Older


Dependants 0-17 Years


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


0


0


464


646




1


0


1


598


705




1


1


0


704


741




2


0


2


665


761




2


1


1


771


797




2


2


0


816


831




3


0


3


728


817




3


1


2


834


853




3


2


1


879


887




3


3


0


915


921




For each additional dependant of a sole support parent, add $111 if the dependant is 18 years of age or older or $63 if the dependant is 0 to 17 years of age. Otherwise, for each additional dependant, add $93 if the dependant is 18 years of age or older or $56 if the dependant is 0 to 17 years of age.

(2) The Table to paragraph 2 of subsection 44 (1) of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants other than a Spouse


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


210


313




1


329


367




2


393


432




3


459


499




For each additional dependant, add $69.

(3) Paragraph 4 of subsection 44 (1) of the Regulation is amended by striking out “$39” at the end and substituting “$40”.

(4) Paragraph 5 of subsection 44 (1) of the Regulation is revoked and the following substituted:

5. $65 (Special Boarder Allowance).

(5) The Table to paragraph 1 of subsection 44 (2) of the Regulation is revoked and the following substituted:

TABLe

 


Number of Dependants of the Dependant


Maximum Amount
Amount in dollars




1


342




2


393




3


449




4


504




5 or more


533




(6) Paragraph 2 of subsection 44 (2) of the Regulation is revoked and the following substituted:

2. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an additional amount equal to the sum of $153 for the first dependant of the dependant, $68 for the second dependant of the dependant and $72 for any subsequent dependants of the dependant.

(7) The Table to paragraph 1 of subsection 44 (3) of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants other than a Spouse


Dependants 18 Years or Older


Dependants 0-17 Years


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


0


0


280


463




1


0


1


339


463




1


1


0


582


609




2


0


2


339


463




2


1


1


582


609




2


2


0


728


771




For each additional dependant, add $163 if the dependant is 18 years of age or older or $0 if the dependant is 0 to 17 years of age.

(8) The Table to paragraph 2 of subsection 44 (3) of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants other than a Spouse


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


210


313




1


338


384




2


406


456




For each additional dependant, add $72.

(9) Paragraph 4 of subsection 44 (3) of the Regulation is revoked and the following substituted:

4. $65 (Special Boarder Allowance).

5. (1) Subsection 44.1 (2) of the Regulation is amended by striking out “and” at the end of clause (d) and by revoking clause (e) and substituting the following:

(e) not less than the sum of $136 for each member of the benefit unit, with respect to determinations relating to a month after September 30, 2013 and before October 1, 2014; and

(f) not less than the sum of $138 for each member of the benefit unit, with respect to determinations relating to a month after September 30, 2014.

(2) Subsection 44.1 (3) of the Regulation is amended by striking out “$136” and substituting “$138”.

6. Section 47.2 of the Regulation is revoked and the following substituted:

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 58.3 for Same Months

47.2 (1) If a member of a benefit unit receives a retroactive payment of the Ontario child benefit under section 104 of the Taxation Act, 2007 or a retroactive payment under subsection 122.61 (1) of the Income Tax Act

(Canada) and during all or part of the period covered by the retroactive payment the recipient also received a transition child benefit under section 58.3, the budgetary requirements of the recipient shall be reduced in accordance with this section.

(2) The amount of the reduction in the budgetary requirements of the recipient shall be calculated as follows:

A = the lesser of B and (C + (D – (E × F)))

where,

  A = the aggregate reduction in the budgetary requirements over the period described in subsection (3),

B = the total amount of the transition child benefit received under section 58.3,

C = the total amount of the Ontario child benefit received under section 104 of the Taxation Act, 2007,

  D = the total payment with respect to dependent children that represents item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada),

E = the sum of $43.75 for the first dependent child, $41.99 for the second dependent child and $41.41 for each additional dependent child, and

F = the number of months in which the transition child benefit was received.

(3) The budgetary requirements of the recipient shall be reduced over a period of up to three months beginning in the month following the month in which the retroactive payment is received.

(4) The following rules apply with respect to the reduction in the budgetary requirements:

1. The budgetary requirements shall not be reduced to less than $2.50 in any month.

2. In the first month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2).

3. In the second month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2) not recovered in the first month.

4. In the third month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2) not recovered in the first and second months.

(5) This section, as it read immediately before March 1, 2015, continues to apply with respect to a retroactive payment of the Ontario child benefit under section 8.6.2 of the Income Tax Act or section 104 of the Taxation Act, 2007

or a retroactive payment under subsection 122.61 (1) of the Income Tax Act

(Canada) received before March 1, 2015.

7. The Table to subparagraph 1 ii of section 51 of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants other than a Spouse


Dependants 18 Years or Older


Dependants 0-17 Years


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


0


0


280


463




1


0


1


339


463




1


1


0


582


609




2


0


2


339


463




2


1


1


582


609




2


2


0


728


771




For each additional dependant, add $163 if the dependant is 18 years of age or older or $0 if the dependant is 0 to 17 years of age. The amount attributable to a dependent child shall be reduced by 50 per cent where budgetary requirements for the child were reduced under section 44.2.

8. Paragraph 5 of subsection 55 (1) of the Regulation is amended by striking out “$76” and substituting “$77”.

9. Clauses 57 (5) (a) and (b) of the Regulation are revoked and the following substituted:

(a) $373 for the first child and $288 for each additional child if the adult applicant or recipient resides north of the 50th parallel and is without year round road access;

(b) $256 for the first child and $208 for each additional child if clause (a) does not apply;

10.  Subsections 58.3 (1) and (2) of the Regulation are amended by striking out “section 8.6.2 of the Income Tax Act” wherever it appears and substituting in each case “section 104 of the Taxation Act, 2007”.

Commencement

11. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1 to 5 and 7 to 9,

(a) come into force on October 1, 2014, if this Regulation is filed on or before October 1, 2014; and

(b) are deemed to have come into force on October 1, 2014, if this Regulation is filed after October 1, 2014.

(3) Sections 6 and 10 come into force on March 1, 2015.

 

 

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